Help with Unenforceability [UPDATED 01/2020]

[Never-In-Doubt]

Re: Help with Unenforceability

Hi again
Will poss resend letter though upon re reading it does say in the letter about providing an agreement or statements. No agreement was provided though. So on that basis would resending the account in dispute letter still be valid. Thanks

This is 1st Credit right? Send this....

---> Our Templates | Unenforceability Templates | Final Response - CCA Request

[Aile5]

Re: Help with Unenforceability

Hi again
Will poss resend letter though upon re reading it does say in the letter about providing an agreement or statements. No agreement was provided though. So on that basis would resending the account in dispute letter still be valid. Thanks

[mgfboy]

Re: Help with Unenforceability

I would write back to them , enclosing a copy of your last letter asking them to actually read it!!!!

[Aile5]

Re: Help with Unenforceability

Hi again

Ok sent the account in dispute letter off to 1st credit. They have sent me a huge block of statements/invoices that have just been typed onto plain paper. In their letter they stated please find enclosed statements you requested. I sent off the account in dispute letter thats all. So can anyone help as what i should do or send next. Thanks. Help appreciated.

[Aile5]

Re: Help with Unenforceability

Hi yep it is a Hbos debt. Right will send letter off and have a read through other posts thanks

[Never-In-Doubt]

Re: Help with Unenforceability

Thanks
Though it looks like i spoke too soon. I got a letter ftom 1st credit that says notice of assignment they have purchased my debt from my creditor. So help what do i do now. My account has been passed from one dca to another over the past couple of years and i sent the letters off niddy told me to. Do i send the account sold whilst in dispute yet again as its a new dca and follow through like this again. Thanks v much.

Is this a HBOS debt by any chance?

read the forums, today has seen a lot of 1st credit purchases.....

I would send the sold in dispute template, yes

[Aile5]

Re: Help with Unenforceability

Thanks
Though it looks like i spoke too soon. I got a letter ftom 1st credit that says notice of assignment they have purchased my debt from my creditor. So help what do i do now. My account has been passed from one dca to another over the past couple of years and i sent the letters off niddy told me to. Do i send the account sold whilst in dispute yet again as its a new dca and follow through like this again. Thanks v much.

[diddlydee]

Re: Help with Unenforceability

It's lovely that it's been a quiet 11 months for you, Aile5. Hope it stays that way

[Aile5]

Re: Help with Unenforceability

hi
I am really just posting as I haven't been around in a while. Just back and online again. my last post was sept last year and that was the last time I have heard anything from DCA. just thought Id update. thanks

[Undercover Elsa]

Re: Help with Unenforceability

tom-rad's UE Diary thread is here>>>
tom-rad's unenforceability diary - allaboutFORUMS

Thanks Tom

[Undercover Elsa]

Re: Help with Unenforceability

Hi tom-rad and welcome to AAD
So we can better advise, it would be a good idea for you to do your own Unenforceability Diary.
Have a read of the thread below...in post 2 it tells you how to start and set out your diary with the info we need.
Unenforceability Diaries - Read me First! - allaboutFORUMS

To start a thread in the correct section, click the link below, then click the + New Thread button on the left. Fill in your title eg tom-rad's unenforceability diary and start with the details requested in the UE thread above...it's easiest to copy and paste the format into your new post then add the required details.

Unenforceability Diaries - allaboutFORUMS

You'll get lots of help on here, your first letter will probably be a request for the Consumer Credit Agreement, but do your thread first then we'll take it from there

If there's anything you're not sure of, just shout!

kind regards,

Shep x

[tom_rad]

Re: Help with Unenforceability

Hi everyone just signed up to this forum after reading some really positive stories and feedback on Unenforceability. I was wondering wether anybody would be able to guide me on which template i am best sending first.

My debt has recently been passed to lowell and its for £911 from shop direct group, the account was opened in december 2006 and i havent made a payment for around 2 years.

I received my first letter from lowell advising me i needed to pay last week and i checked my credit score for the first time in a long time today to find lowell defaulted me on the 20th of june which is a month before they sent me the first letter.

any advice will be great as i am a complete novice to all of this.

thanks alot

[Never-In-Doubt]

Re: Help with Unenforceability

The official wording is under the 2006 Act chapter 14 subsection 15 (Default under regulated agreements)

Section 15

---> Consumer Credit Act 2006

15. Enforceability of regulated agreements

In section 127 of the 1974 Act (enforcement orders in cases of infringement) subsections (3) to (5) shall cease to have effect.

[Never-In-Doubt]

Re: Help with Unenforceability

So basically anything after April 2007 you need to 'sort' out by way of Final offer letters etc, etc?

Slowly but surely catching on ;-)

well, it depends cos if the default notice and/or termination was bad then that changes things. But yea, we cannot fight UE for post April 2007 accounts as s.127(3)(4) & (5) were repealed which is the elements we relied on.

Original version ---> Consumer Credit Act 1974

Amended (current) version ---> Consumer Credit Act 1974

[trodat]

Re: Help with Unenforceability

So basically anything after April 2007 you need to 'sort' out by way of Final offer letters etc, etc?

Slowly but surely catching on ;-)